Jail time for P.E.I. man who refused breathalyzer demand
CHARLOTTETOWN, P.E.I. — Refusing a roadside breathalyzer demand from police has resulted in jail time for a P.E.I. man.
Everett Roy MacMillan, 77, appeared in provincial court docket in Charlottetown on July 11 and was sentenced to 2 months in jail for the offence.
MacMillan pleaded responsible to the cost in court docket on June 20. At that court docket look, Crown legal professional Lisa Goulden learn within the details of the case.
On April 5, police acquired a criticism of a potential impaired driver who had simply left a restaurant. The caller gave police details about the automobile and the driving force. Police then decided that MacMillan was the automobile’s registered proprietor and went to his Cherry Valley dwelling. When police arrived, MacMillan was sitting within the driver’s seat of the parked automobile. Officers observed a odor of alcohol coming from MacMillan and different indicators of impairment, similar to watery eyes and gradual speech.
Officers made a roadside alcohol screening demand, however MacMillan declined to blow into the system, saying “he wasn’t going to cross,” mentioned Goulden.
MacMillan’s prison document contains prior convictions for refusing a breathalyzer demand in 2009 and impaired driving in 2020. He acquired time in jail for each offences.
Defence lawyer Brendan Hubley mentioned his shopper efficiently accomplished a program on the Mount Herbert Provincial Addictions Therapy Facility after the 2020 impaired driving offence. With respect to the newest incident of refusing a breathalyzer demand, Hubley referred to as it an “unlucky slip up.”
Along with the two-month jail sentence, Decide Nancy Orr fined MacMillan $2,000, banned him from driving for 2 years (plus the time in jail) and ordered him to pay a $600 sufferer surcharge. MacMillan goes to serve the jail sentence on weekends on the Provincial Correctional Centre.
Terrence McEachern is a justice reporter with SaltWire Community based mostly in Charlottetown.
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